Final decisions without hearing.

CFR · 2024-01-01 · US · Title 14

(a) The Associate Administrator may transfer to the FAA Assistant Administrator for Civil Rights the responsibility to prepare and issue Final Agency Decisions pursuant to this section for appeals with issues concerning civil rights. (b) The Associate Administrator will issue a final decision on appeal from the Director's Determination, without a hearing, where— (1) The complaint is dismissed after investigation; (2) A hearing is not required by statute and is not otherwise made available by the FAA; or (3) The FAA provides opportunity for a hearing to the respondent and the respondent waives the opportunity for a hearing as provided in subpart E of this part. (c) In the cases described in paragraph (b) of this section, within 30 days after the date of service of the initial determination, a party adversely affected by the Director's Determination may file in accordance with § 16.13 and serve in accordance with § 16.15 a simultaneous Notice of Appeal and Brief. (d) A reply to an appeal brief may be filed within 20 days after the date of service of the appeal. (e) On appeal, the Associate Administrator will consider the issues addressed in any order on a motion to dismiss or motion for summary judgment and any issues accepted in the Director's Determination using the following analysis: (1) Are the findings of fact each supported by a preponderance of reliable, probative, and substantial evidence contained in the record? (2) Are conclusions made in accordance with law, precede

official document · source cfr-2024 · id 14:§ 16.33